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Federal Judge blocks a new amendment to the Oklahoma Constitution that targets Muslims
OKLAHOMA CITY (AP) — A federal judge issued a temporary restraining order Monday to block a new amendment to the Oklahoma Constitution that would prohibit state courts from considering international or Islamic law when deciding cases.
U.S. District Judge Vicki Miles-LaGrange handed down the order after an Oklahoma man filed a lawsuit claiming the amendment stigmatized his religion and would invalidate his will, which he said is partially based on Islamic Law, also known as Sharia Law.
“My constitutional rights are being violated through the condemnation of my faith,” said Muneer Awad, executive director of the Council on American-Islamic Relations in Oklahoma. “Islam was the target of this amendment. This amendment does not have a secular purpose.”
The measure, State Question 755, was approved with 70 percent of the vote in the Nov. 2 general election. The judge’s order prevents the state Election Board from certifying the results of that vote, which it had planned to do Tuesday afternoon.
The order will remain in effect until a Nov. 22 hearing on a preliminary injunction.
Awad, a law school graduate who has not been admitted to practice in Oklahoma, was congratulated by Muslims and other supporters following Miles-Lagrange’s ruling. Between 20,000 and 30,000 Muslims live in the state.
“We’re confident in the case. We’re confident in the claims we are making,” said Awad, who filed the lawsuit Thursday. “Today’s ruling is a reminder of the strength of our nation’s legal system and the protections it grants to religious minorities.”
The measure’s author, Rep. Rex Duncan, R-Sand Springs, attended the brief court hearing and said afterward he was surprised by Miles-Lagrange’s decision.
“It thwarts the will of the people,” said Duncan, an attorney who was elected district attorney in the northern Oklahoma counties of Osage and Pawnee in the general election.
Duncan has said the constitutional amendment was not intended as an attack on Muslims but an effort to prevent activist judges from relying on international law or Islamic law when ruling on legal cases.
In 2007, Duncan rejected a Quran as a gift from a council created by Gov. Brad Henry, explaining that “most Oklahomans do not endorse the idea of killing innocent women and children in the name of ideology.”
The constitutional amendment was one of several on Oklahoma’s ballot that critics said pandered to conservatives and would move the state further to the right.
Among other things, Awad’s lawsuit alleges the measure transforms Oklahoma’s Constitution
into “an enduring condemnation” of Islam by singling it out and barring courts from referring to Islamic law. It also alleges it violates the First Amendment’s prohibition against laws regarding the establishment of religion.
Legal experts also have questioned the measure. Joseph Thai, a professor at the University of Oklahoma’s College of Law, said the ballot measure is “an answer in search of a problem” and that there is no danger of international law or Sharia law overtaking the American legal system.
Washington: Citing a “disturbing increase” in communal violence against religious minorities, particularly Christians in Orissa in 2008 and Muslims in Gujarat in 2002, a US body has placed India on its ‘watch list’ on religious freedom.
India earned the ‘watch list’ designation due to the “largely inadequate response” from the Indian government to protect the rights of religious minorities, the US Commission on International Religious Freedom (USCIRF) said in a statement.
“It is extremely disappointing that India, which has a multitude of religious communities, has done so little to protect and bring justice to its religious minorities under siege,” said Leonard Leo, USCIRF chair.
The bipartisan federal government commission’s India chapter “was released this week to mark the first anniversary of the start of the anti-Christian violence in Orissa”.
Other countries currently on the commission’s ‘watch list’ are Afghanistan, Belarus, Cuba, Egypt, Indonesia, Laos, the Russian Federation, Somalia, Tajikistan, Turkey, and Venezuela.
USCIRF said the murder of Swami Laxmananand Saraswati by Maoist rebels in Kandhamal in Orissa Aug 23 last year sparked a prolonged and destructive campaign targeting Christians, resulting in attacks against churches and individuals.
These attacks largely were carried out by individuals associated with “Hindu nationalist groups”, and resulted in at least 40 deaths and the destruction of hundreds of homes and dozens of churches, it said.
Tens of thousands were displaced and today many still remain in refugee camps, afraid to return home, it said.
“India’s democratic institutions charged with upholding the rule of law, most notably state and central judiciaries and police, have emerged as unwilling or unable to seek redress for victims of the violence. More must be done to ensure future violence does not occur and that perpetrators are held accountable,” Leo said.
Similarly, during the 2002 communal riots in Gujarat, India’s National Human Rights Commission found that the government not only failed to prevent the attacks against religious minorities, but that state and local officials aided and participated in the violence.
In both Orissa and Gujarat, court convictions have been infrequent, perpetrators rarely brought to justice and thousands of people remain displaced, USCIRF alleged.
The India chapter of the USCIRF said the deficiencies in investigating and prosecuting cases have resulted in a culture of impunity that gives members of vulnerable minority communities few assurances of their safety, particularly in areas with a history of communal violence, and little hope of perpetrator accountability.
The report asked the Obama administration to urge the Indian government to take new measures to promote communal harmony, protect religious minorities, and prevent communal violence.
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India on US ‘watch list’ on religious freedom
